Hartford, CT 06103 6:00 pm · 2019-01-24 · historic credits and providing a 2nd mortgage...
Transcript of Hartford, CT 06103 6:00 pm · 2019-01-24 · historic credits and providing a 2nd mortgage...
1
Capital Region Development Authority
100 Columbus Boulevard
Ballroom Level, Meeting Rooms 14-15
Hartford, CT 06103
Thursday, October 18, 2018
6:00 pm
Board Members Present: Chairwoman Suzanne Hopgood; Andy Bessette; Kiley Gosselin; David
Jorgensen; Kerry Kelley; Evonne Klein; David Kooris; Mayor Marcia Leclerc; Jim Redeker (phone);
David Robinson; Glendowlyn Thames
Board Members Absent: Mayor Luke Bronin; Joanne Berger Sweeney; Michael Matteo
CRDA Staff Present: Michael Freimuth; Jennifer Gaffey; Joseph Geremia; Anthony Lazzaro; Robert
Saint; Terryl Mitchell Smith
Guests: Mike Goman, Goman & York; Mike Zaleski, President & CEO, Riverfront Recapture; Marc
Nicol, Director of Park Planning and Development, Riverfront Recapture; Randy Salvatore, RMS,
Founder and Chief Executive Officer
Call to Order & Committee Assignments
Chairwoman Hopgood read a statement regarding public meeting. The meeting was called to order at
6:02pm.
Minutes
The minutes of the September 20, 2018 CRDA Board Meeting were moved by Evonne Klein, seconded
by David Jorgensen and approved.
Presentations
CANCELLED - UConn Hartford – Mark Overmyer-Velazquez, University Director
Regional Agricultural Market – Mike Goman presented Goman & York’s mission for the Connecticut
Regional Market by introducing an overall plan to include Short-term and Long-term goals. The three
subsets to be considered in the overall plan in order to have a positive impact on the CT Regional Market
should be Economic, Environmental and Social. These goals will assist the Department of Agriculture’s
mission to bring the market back to its full potential.
Riverfront Recapture – Mike Zaleski and Marc Nicole gave a presentation with the goal of creating a
Connecticut River park masterplan and adjoining commercial and residential development. The plan
would include building and revitalizing Mortensen Riverfront Plaza, Riverside Park, and Charter Oak
Landing in Hartford and Great River Park in East Hartford.
2
DoNo – Randy Salvatore presented the proposal for development of the City owned development sites at
Downtown North (DoNo) surrounding the Dunkin Donuts baseball field. The vision for the mixed-use
urban environment surrounding the ballpark will enliven and bolster the connections between Hartford’s
North side neighborhoods and Downtown Center. Design strategies were explained for Parcel’s A, B, C
& D.
3
Mayors Reports
Kiley Gosselin reported on the following in Mayor Bronin’s absence:
• DoNo RFP: The City has begun discussions with Randy Salvatore on the DoNo redevelopment
project. We are currently targeting the parcel between the Ballpark and Talcott Plaza known as
“Parcel C” currently used for parking. The current design proposal is for a mixed-use project with
approximately 200 units of housing and some structured parking. Discussions are also underway to
determine a PILOT structure as well as how to finance some affordable units as part of the project.
• Dillon Stadium: The City has been in active discussions with CRDA and Hartford Sports Group to
finalize a Use Agreement and fine tune the project budget. We are still targeting a Spring 2019
opening. Final design work is ongoing with construction already underway. The City will continue to
work on necessary permitting and planning and zoning approvals to effectuate appropriate stadium
operations (building permits, signage, community fee structure, etc.).
• Park & Main RFP: The City is in development discussions with Spinnaker, a Fairfield County based
developer who will be working with Rohan Freeman in Hartford. The current projections allow for a
mixed-use project with approximately 108 units. The City is hopeful that construction could begin
next year. Discussions are also underway to determine how to finance affordable units as part of this
project.
• Downtown/Downtown North Supermarket: The City has been working closely with partners at the
Hartford Community Loan Fund and Affirmative Investments to identify a location for a supermarket
that could serve residents of both Downtown and North End neighborhoods with easy access to ample
public transit options. Two locations are currently under consideration. The City is hopeful that this
project could serve as a main link between neighborhoods while providing a much-needed service to
all residents.
Mayor Marcia Leclerc reported on the following East Hartford projects:
• Main and Pitkin St.: received a Connectivity Grant focusing on the Main and Pitkin Street area as a
gateway into Hartford and down to Silver Lane and implementing a street scaping design on the
corner of Main and Pitkin as well. Dunkin building on that corner is moving along and demolition has
been completed at the rear of a building on Pitkin Street.
• Silver Lane – completed Milone and MacBroom Study. Beginning to work with P&Z on zoning
changes to the area.
• Transportation Study – the Transportation Study continues to move along with TranSystems and the
showcase property is going to be an acquisition. The item will go to the Town Council on November
7, 2018 for CRDA approval for the MOU and the permission to acquire the property.
• Burnside Avenue - Completed a significant demolition on Burnside Avenue of a former abandoned
senior housing site.
• Burnside Avenue – 1100 block - acquired a developer that acquired additional land behind the
building that is looking to work with the town to come up with a plan with their architect for a mixed-
use development.
4
• 1252 Main Street - a blighted building condemned by E. Hartford has been renegotiated with a
developer who will be restoring the 1912 building into 19 apartments.
• Wickham Library – completing renovation and expansion to make ADA compliant.
• Sr. Center – Chris Williams architect is completing plans.
• Goodwin College area – continue to work on college zone district
Finance
Chairwoman Hopgood asked CRDA CFO Joseph Geremia to give an explanation to the Board regarding
reports that CRDA was one of the Quasi-public agencies that have not complied with requests from the
Comptroller’s office to report checkbook-level information on expenditures. Mr. Geremia indicated that
CRDA had communication with the Comptroller’s office in 2016. CRDA has given the Comptroller the
vendor listing of all outside individuals and firms that received more than $5,000 as payment for services
each year since 2016. CRDA also provided a copy of CRDA Annual Reports which provides extensive
information about CRDA finances. Mr. Geremia indicated that he has reached out to the Comptroller’s
office to inquire into what other information they require.
Mr. Geremia gave an overview of the Financial update for October 2018.
Fiscal Year 2019 Operating Statistics
CT Convention Center – August/September 2018
September stats: 49 event days held YTD with YTD attendance at 68,500
August financials: Revenues even with budget
Utility expenses slightly unfavorable to budget
CRDA Parking Facilities – August/September 2018
September stats: Utilization of 74% even with budget
Monthly rate customers favorable to prior year by 950 at 8,700 YTD
Transient customers favorable to prior year by 5,500 at 102,400 YTD
August financials: Monthly contract and transient revenues favorable compared to budget
Expenses favorable compared to budget due to repair & maintenance savings
XL Center - August/September 2018
September stats: 5 event days held YTD with YTD attendance at 21,200
August financials: Event revenue even with budget
Hockey operations even with budget
Operating expenses favorable compared to budget
Church Street Garage - August/September 2018
September stats: Utilization of 74% even with budget
Monthly rate customers favorable to budget by 80 at 3,400 YTD
Transient customers unfavorable to budget by 200 at 3,800 YTD
August financials: Revenues and expenses even with budget
P&W Stadium - August/September 2018
September stats: 40 event days held YTD with YTD attendance at 63,000
5
August financials: Event revenue favorable to budget
Expenses even with budget
Housing and Neighborhood Committee Report
Kiley Gosselin and Mike Freimuth reported on the following items:
101-111 Pearl – targeting occupancy early 2019
81 Arch Street - targeting occupancy early 2019
370 Asylum - target opening December 2018
246/250 Lawrence Street project which was vetted through the Housing and Neighborhood Committee on
October 12, 2018. The Committee approved the project and asked that it be moved for Board action.
Background: Two vacant/blighted ‘perfect six’ family apartment buildings on Lawrence Street,
immediately abutting recent work on Capitol Avenue including the Capitol Lofts/Hartford Office Supply
complex and within one block of the State Capitol grounds would be purchased and renovated by
Wolverine Properties which has restored/renovated other properties in the immediate area.
Proposal: Acquire and gut rehab the 12 units, inclusive of a small four car garage. The units include 8
2BR/2bath and 4 1BR/1.5 bath). CRDA funds would be used for bridging an estimated $225,000 in state
historic credits and providing a 2nd mortgage construction/perm gap funding of $296,000 at 3%, 20 yr
terms.
Development Budget (initial working draft)
Uses: Acquisition $486,875
Soft 232,893
Hard Const 780,232
$1,500,000 TDC
Sources: Bank 1st mortgage $798,000
CRDA bridge/const 2nd 521,000
Equity 181,000
$1,500,000
Developer, Aaron Gill of Wolverine Property LLC, is a PE (professional engineer) and resident of area
CRDA allocation of $43,416/unit initially; once historic credit retired, CRDA at $25,500/unit
(CRDA norm is $60k/unit)
NOI cap rate (7%) projection value $1.57M (subject to final appraisal)
Environmental survey incomplete as of this date (9/3/18)
9.7% construction contingency plus $10k soft contingency
Declared a ‘blighted property’ per city ordinance
Close proximity to other CRDA projects
Market rate project
The following motion was moved by Andy Bessette, seconded by Evonne Klein and approved.
“The executive director is authorized to extend a construction/permanent note up to $296,000 at 3%/20yr
amortization/20 yr term as well as a historic tax credit bridge loan up to $225,000, interest only at 3%
6
up to 24 months to Wolverine Property LLC (or such acceptable single entity corporation) for purposes of
renovating 12 vacant units into new market rate housing at 246-250 Lawrence St, subject to 1/evidence
that all other sources of funds being secured; 2/ State Bond Commission authorization and approval; and
3/ such fiduciary terms deemed appropriate by the Executive Director and CRDA counsel.”
Venue Committee
Andy Bessette reported on the following items from the Committee Meeting on October 10, 2018:
XL Center – As reported last month, CRDA is currently addressing three major issues relative to the XL
Center:
- Sale RFP – Oak Street’s responses to the questions posed by the Venue Committee have been
reviewed, however, since the sale proposal will likely require General Assembly action, a
discussion with legislative leadership will be necessary post-election.
- Acquisition of Northland Property - CRDA has received a copy of Northland’s appraisal of
the Trumbull Block and staff are currently reviewing the document.
- New Planning Focus - SCI Architects has presented a draft plan for renovation of the lower bowl
and the creation of new premium seating options. The architects are currently incorporating
CRDA staff comments and the new plan will be presented to the Board at an upcoming meeting.
Pratt & Whitney Stadium – Over 20,000 fans attended the U.S. Men’s soccer game against Peru on
Tuesday night. The first three home games of UConn’s 2018 football season have seen an average
attendance of only 13,000 fans and concerns remain as to how detrimental this will be to the FY19
operating budget.
- The Stadium is dealing with the ongoing failure of chair back seating in the bowl. The plastic
seats and hinge mechanisms are original to the building and are failing at an alarming rate,
particularly during events. Funds have been expended to replace 124 of the seats, but the seats
number close to 4,000 and preliminary estimates indicate that total replacement could cost as
much as $250,000. Spectra is currently working on a more detailed cost estimate.
Convention Center – Upcoming events include an American Planning Association regional conference, a
tattoo convention, the Annual Home Show and the CT Children’s Medical Center Gala. There are no
new capital projects underway, although there is crosswalk reconstruction work scheduled at the
intersection of Columbus Boulevard and Front Street.
Tennis Center – As reported in the Hartford Courant, financial problems have forced the Tennis
Foundation to lay off a number of staff. The Foundation is looking to reprogram the Connecticut Open,
perhaps to another time of year and/or with lower prize money payouts.
Dillon Stadium – Chairwoman Hopgood asked Attorney Anthony Lazzaro and Director of Construction
Management, Bob Saint to update the Board with changes that have occurred regarding the Dillon
Stadium Project.
7
Attorney Lazzaro gave an overview of the Executive Summary which included the information
Chairwoman Hopgood requested. Bob Saint updated Board Members with the latest construction
information.
This outline had been prepared for the convenience of the CRDA Venue Committee; as such, it is a
necessarily selective and condensed rendering of only certain significant provisions of the Stadium Use
Agreement (the “Agreement”). Capitalized terms used herein and not defined shall have the meanings
ascribed to them in the Agreement.
BACKGROUND: The City of Hartford (the “City”) is the owner of Dillon Stadium (the “Stadium”).
At the request of the City and the Hartford Sports Group (“HSG”), CRDA has
agreed to renovate and operate the Stadium in accordance with the Agreement. The
Stadium shall be used to host professional soccer games, entertainment and
community events.
DURATION OF THE AGREEMENT:
• CRDA: The initial term is five (5) years with three (3) successive five-year options to
extend the Term, exercisable at the sole discretion of CRDA;
• HSG: Twenty (20) years, with two (2) five-year extensions at HSG’s option, however,
HSG may opt out of the Agreement any time after Year 2, if the Stadium operating
deficit exceeds $450,000;
• City: Twenty (20) years;
SOURCES AND USES OF FUNDS:
The total design and construction costs for the project are expected to be approximately $14,000,000,
which includes construction and owner contingency. The sources of project funding is as follows:
$10,000,000 State of Connecticut - General Obligation Bonds
$ 800,000* DECD - forgivable loan
$ 500,000 CRDA – grant (CRDA funds may only be used as contingency funding)
$ 1,200,000* City of Hartford – grant from the Hartford Foundation for Public Giving
$ 1,500,000* Hartford Sports Group
$14,000,000
* Upon execution of the Agreement, HSG will deposit such funds into an escrow account and grant CRDA
a security interest in such account for purposes of funding the Project.
MANAGEMENT:
• Stadium: CRDA will be responsible for the management of the Stadium via an addendum to its
existing XL Center agreement with Spectra; however, if the Stadium operating deficit
exceeds $300,000 per year, HSG reserves the right to select and contract with a new
Stadium Manager. Pursuant to the Agreement, CRDA will administer the Stadium
Operating Expense Account.
• Events: HSG will be responsible for the management of all event day activities through separate
8
contracts with Spectra and LAZ Parking; however, HSG reserves the right to replace
Spectra after the first year of the Term.
Community
• Uses: The City shall be responsible for scheduling Community Uses held at the Stadium. The
Stadium Manager, on behalf of the City, shall manage such events in accordance with the
terms and conditions of the Agreement.
FINANCIAL TERMS:
• HSG shall retain all proceeds from tickets, concessions, merchandise, parking, sponsorship,
broadcast, and media.
• HSG will retain all proceeds from the naming rights to the Stadium; however, from such proceeds
HSG will pay $25,000 per year to fund community uses at the Stadium. CRDA will administer
the community use account on behalf of the City.
• HSG will pay $300,000 per year into the Stadium Operating Expense Account administered by
CRDA to the cover the overhead/operational expenses of the Stadium.
• HSG will provide annual payments in the amount of $25,000 for the capital improvements/repairs
to the Stadium into the Capital Reserve Fund Account. Additionally, any unexpended funds from
the CRDA grant shall also be deposited in the Capital Reserve Fund Account, which shall be
administered by CRDA.
SUBSTANTIAL COMPLETION:
• CRDA shall use commercially reasonable efforts to complete the renovation of the Stadium by
May 30, 2019.
The following motion was moved by Andy Bessette, seconded by Dave Jorgensen and approved.
“The CRDA Board of Directors hereby approves the terms and conditions of the Stadium Use Agreement,
as presented, and authorizes the Executive Director to execute such Agreement, subject to necessary
approvals and available funding.”
Regional & Economic Development Committee
Mayor Marcia Leclerc, Chairwoman of the Regional & Economic Development Committee, reported that
the Committee had not met since the September Board meeting. The following updates are on the various
projects under the Committee’s purview:
Bushnell South Garage – CRDA is finalizing a contract with Desman Associates to draft design criteria
for the garage. This criteria will form the basis of the design/build RFP to be issued within the next two
weeks. Documentation for the land transfer is also being finalized.
Showcase Cinemas Property – The Town’s due diligence -- including Phase I and II environmental site
assessments, survey and title search -- should wrap up as early as this week. Planning and Zoning has
begun looking at new zoning for the area and has approved an 8-24 for the site.
9
Founders Plaza – An RFP for a master planner/ garage designer has been drafted and will be issued within
the next two weeks, once the MOU between the Town and CRDA has been signed. That MOU, which
governs all of the CRDA-funded East Hartford projects, was approved by the Town Council on October
16th.
Goodwin College Area Drainage Improvements – CRDA is finalizing a contract with Zuvic Carr, the
engineering firm designing the drainage improvements. An RFP for the first phase of work - from
Riverside Drive to the Connecticut River - will be issued shortly.
Silver Lane Improvements - CRDA is finalizing a contract with TranSystems, the engineering firm
designing the roadway and streetscape improvements.
Great River Park – An agreement will need to be signed with Riverfront Recapture for construction of the
improvements.
Blight Removal – The Town has identified four priority sites on Main Street for demolition and these are
in various stages of acquisition and investigation. The former firehouse on Main Street will be the first
ready for demolition.
The Borden (Wethersfield) – Construction of the 120 housing units is currently underway.
Executive Director Report
• Joseph Geremia gave an update regarding the Regional Market improvements.
• Bushnell South Garage – CRDA has entered into an MOU with DAS to have Ira Henowitz work
with Bob Saint two days a week.
• Michael Freimuth explained that a Memorandum of Understanding (MOU) between the Town of
East Hartford and CRDA is necessary for projects to be worked on between the two entities. The
following is the MOU that is will be used for this purpose.
This Memorandum of Understanding is an agreement between the Town of East Hartford and CRDA to
carry out the work for project between the two entities.
This Memorandum of Understanding (“MOU”) is made and entered into as of the ____ day of November, 2018 (the
“Commencement Date”), by and between the TOWN OF EAST HARTFORD, a Connecticut municipal corporation (the “Town”), and the
CAPITAL REGION DEVELOPMENT AUTHORITY, a body corporate and public constituting a public instrumentality and political
subdivision of the State of Connecticut (the “Authority”).
ARTICLE I
INTRODUCTION
Section 1.01 Grant Awards.
The Town has been awarded the following grants-in-aid (the “Grants”):
(a) Five Hundred Thousand Dollars ($500,000) for public infrastructure and other developmental improvements including,
but not limited to, a parking garage located in the vicinity of the Founders Plaza on East River Drive in East Hartford (the
“Founders Plaza Project”);
(b) Four Million Dollars ($4,000,000) to finance stormwater drainage improvements in the area around the Goodwin College
riverfront campus (the “Stormwater Project”);
(c) One Million Eleven Thousand Eight Hundred Eighty-Six and 56/100 Dollars ($1,011,886.56) for infrastructure
improvements along Silver Lane in the vicinity of Rentschler Field (the, “Silver Lane Project”); and
10
(d) Two Million Three Hundred Forty Thousand Dollars ($2,340,000) for
improvements in and around Great River Park (the “Park Project”) and the demolition or redevelopment of vacant
buildings located within the Town (the “Demolition Project”).
Section 1.02 Selection of the Authority.
(a) As provided by Connecticut General Statutes § 32-602(a)(8), the Authority’s purpose includes: “upon request from the legislative
body of a city or town within the capital region, to work with such city or town to assist in the development and redevelopment efforts to
stimulate the economy of the region and increase tourism.”
(b) The Authority’s Board of Directors established a regional development policy in expectation of working with communities such as
the Town when proposed activities are consistent with regional plans and needs.
(c) Pursuant to the foregoing, the Town has requested the Authority’s assistance in the administration of the Grants, and the Authority
has agreed to provide such assistance.
(d) Now, therefore, the Town hereby designates the Authority as its contractor for purposes of assisting the Town in its efforts to
complete the Projects.
Section 1.04 Purpose.
The purpose of this MOU is to evidence the respective commitments of the Authority and the Town to proceed with the planning,
design, bidding, contracting, monitoring, and other activities associated with the Projects. This MOU does not purport to address all major or
material issues that may arise during the course of the Projects. The parties will proceed diligently, professionally, collaboratively and in
good faith to resolve such issues as they arise.
ARTICLE II
SCOPE OF SERVICES
Section 2.01 Grant and Contract Administrative Services.
(a) The Authority shall provide grant and/or contract administrative services to the Town, including the preparation of necessary
agreements by and between, the Authority and the Town, whereby the Authority will receive and manage the Grants in accordance with State
of Connecticut ministerial rules. Reports will be provided on a monthly basis, with close-out documents provided, as needed, on a project-
by-project basis.
(b) As contract administrator for the Town, the Authority shall review project design documents, specifications, construction bid
documents, and cost estimates. Additionally, Authority shall prepare a drawdown schedule for Grants and will initiate draws into a
segregated account for the Projects in order to process and manage contractor invoices and payments. For payments directly to the Authority
as contractor, the Authority will invoice the Town for its approval prior to disbursing cash payments.
Section 2.02 Founders Plaza Project.
The Authority will engage firm(s) to provide development services and analysis for the Founders Plaza area, including potential
residential development and an expansion of parking capacity. With Town approval and subject to additional funding, the Authority will
implement such recommendations and provide contract administrative services for the design and construction of the Founders Plaza Project.
Section 2.03 Stormwater Project.
The Authority will provide contract administrative services for the design and construction of stormwater drainage improvements
in and around the area of the Goodwin College riverfront campus.
Section 2.04 Silver Lane Project.
The Authority will provide contract administrative services for the design and construction of potential infrastructure improvements
along the Silver Lane Corridor. In conjunction with Town, the Authority will identify certain recommendations proffered by Transystems,
consultant to the Silver Lane Advisory Committee, and procure a general contractor to implement such recommendations.
Section 2.05 Great River Park Project.
If requested by the Town, the Authority shall review and identify various proposed infrastructure improvements to Great River
Park provided by Riverfront Recapture. Subject to available funding, the Authority will provide grant administrative services for the design
and construction of the selected improvements.
11
Section 2.06 Demolition Project.
The Authority will provide grant administrative services for the proposed demolition and/or redevelopment of vacant buildings
located with the Town as selected by the Town.
ARTICLE III
PROJECT OVERSIGHT AND CONTROL
Section 3.01 Project Responsibility
The parties acknowledge that final authority and responsibility with respect to the Projects rest with the Town. The Authority will
provide updates and reports to the Mayor or designated staff, as directed.
Section 3.02 Cooperation
The parties further acknowledge that the timely successful completion of the Projects will require a continuing process of sharing
information, cooperation in all aspects of planning, budgeting, and scheduling as well as coordinated decision making by the parties. In
furtherance of the foregoing, the Authority shall report to the Mayor or her designee and act as support staff to the Town’s management.
ARTICLE IV
STAFF
Section 4.01 Personnel
The Authority shall furnish a sufficient number of personnel, as reasonably determined by the Authority and reasonably acceptable
to the Town. Michael Freimuth (Executive Director), Anthony Lazzaro (Deputy Director & General Counsel), Joseph Geremia (Chief
Financial Officer), Robert Saint (Director of Construction Services), Kim Hart, and Erica Levis shall devote appropriate time and attention to
the Project.
ARTICLE V
FEES
Section 5.01 The Authority
The Town shall pay to the Authority a contract administration fee equal to 3% of the respective Grants on a schedule to be
reasonably agreed upon by the parties hereto to enable the Authority to meet its expenses and its properly incurred and committed third party
expenses; however, for work performed during the Park Project and the Demolition Project, the Authority’s fee shall be equal to 1% of the
grant amount.
ARTICLE VI
TERMINATION
Section 6.01 Completion of Tasks
The term of this MOU shall commence on or about October 1, 2018 and shall terminate upon the completion of all services
outlined in Article II, unless otherwise terminated or suspended per the terms of the MOU.
Section 6.02 Early Termination
This MOU may be canceled at will by either party upon sixty (60) days’ written notice delivered by certified or registered mail. In
the event of early termination, all third party expenses and all Authority expenses properly incurred, committed and earned as to the work
completed prior to the date of termination shall be paid using Grant funds.
ARTICLE VII
INSURANCE
The Authority shall furnish a certificate of insurance to the Town for the following insurance coverage within ten (10) days from
the contract execution. All insurance coverage shall be written with an insurance company licensed to conduct business in the State of
Connecticut. Insurance Coverage shall remain in full force for the duration of the contract term including any and all extensions. Such
certificate of insurance shall specify that the Town will receive thirty (30) days’ notice of any cancellation, non-renewal or reduction in
coverage and limits originally provided.
12
Section 7.01 Commercial General Liability Insurance:
The Authority shall carry Commercial General Liability Insurance (broad form coverage) insuring against claims for bodily injury,
property damage, personal injury and advertising injury that shall be no less comprehensive and no more restrictive than the coverage
provided by Insurance Services Office (ISO) form for Commercial General (CG 00-01-10-01). By its terms or appropriate endorsements
such insurance shall include the following coverage, to wit: Bodily Injury, Property Damage, Fire Legal Liability (not less than the
replacement value of the portion of the premises occupied), Personal Injury, Blanket Contractual, Independent CONTRACTORs,
Premises Operations, Products and Completed Operations (for a minimum of two (2) years following Final Completion of the Project).
Any deviations from the standard unendorsed form will be noted on the Certificate of Insurance.
Type of Coverage: Occurrence Basis
Amount of Coverage: $1,000,000 per occurrence
$2,000,000 aggregate
Policy Period: Annual Policy
Section 7.02 Workers’ Compensation and Employer’s Liability Insurance
The Authority shall provide Statutory Workers’ Compensation Insurance as required by the State of Connecticut, including Employer’s
Liability.
Amount of Coverage: $500,000 Each Accident
$500,000 Disease, Policy Limit
$500,000 Disease, Each Employee
Policy Period: Annual Policy
Section 7.03 Umbrella Liability Insurance
The Authority shall carry an umbrella liability insurance policy of at least $2,000,000.
Section 7.04 Sub-contractor Requirements
The Authority shall require its sub-contractors and independent contractors to carry the coverages set forth in sections 7.01, 7.02, 7.03
above and will obtain appropriate Certificates of Insurance before the sub-contractors and independent contractors are permitted to
begin work.
The Authority shall require that the Town of East Hartford be named as Additional Insured on all sub-contractors and independent
contractors insurance before permitted to begin work.
The Authority and all sub-contractors and independent contractors and their insurers shall waive all rights of subrogation against the
Town of East Hartford, and its officers, agents, servants and employees for losses arising from work performed by each on this
contract.
ARTICLE VIII
INDEMNIFICATION
Section 8.01 Indemnification by the Town
(a) To the fullest extent permitted by law, the Town shall indemnify and shall defend and hold harmless the Authority, including
its officers, agents, and employees from and against any and all suits, actions, legal or administrative proceedings, claims,
demands, damages, liabilities, monetary loss, interest, attorney's fees, costs and expenses of whatsoever kind or nature
(“Claims”), to the extent they arise out of the negligent acts or omissions of the Town or its employees, agents or sub-
contractors, including those arising out of injury to or death of Town's employees or sub-contractors, whether arising before,
during, or after completion of the services hereunder and in any manner directly or indirectly to the extent they are caused,
occasioned or contributed to by the Town or its employees, agents or sub-contractors.
(b) The Town’s obligation to indemnify, defend and hold harmless the Authority shall be excused to the extent such Claims are
caused by (i) a failure by the Authority to perform or observe any material covenant or condition to be performed by the
Authority pursuant to this MOU or any subsequent agreement between the parties, (ii) the material inaccuracy of any
representation or warranty of the Authority in this MOU; and (iii) the negligence or misconduct of the Authority, or its
employees, agents, or subcontractors.
Section 8.02 Indemnification by the Authority
(a) The Authority agrees to indemnify, defend and hold harmless the Town and its respective officers, employees, agents
and/or servants against all demands, claims, actions or causes of actions, losses, damages, liabilities, costs and expenses, including without
13
limitation, interest, penalties, court costs and reasonable attorney’s fees (“Town Claims”), asserted against, resultant to, imposed upon or
incurred by the Town resulting from or arising out of:
1. Any breach by the Authority of the terms of the specifications, or
2. Any injuries (including death) sustained by or alleged to have been sustained by the officers, employees, agents and/or
servants of the Town or the Authority or subcontractors or material men, or
3. Any injuries (including death) sustained by or alleged to have been sustained by any member of the public or otherwise
any or all persons, or
(b) The Authority’s obligation to indemnify, defend and hold harmless the Town shall be excused to the extent that such
Town Claims are caused by (i) a failure by the Town to perform or observe any material covenant or condition to be performed by the Town
pursuant to this MOU or any subsequent agreement between the parties, (ii) the material inaccuracy of any representation or warranty of the
Town in this MOU; and (iii) the negligence or misconduct of the Town, or its employees, agents, or subcontractors.
ARTICLE IX
REPRESENTATIONS
Section 9.01 Plan of Development.
The Authority is not a planning agency. It shall work wholly within the Town’s master land-use plan of development and zoning
regulatory structure.
Section 9.02 Contracting Requirements.
The Project shall be subject to all applicable laws, state contracting requirements, and audit procedures.
ARTICLE X
GENERAL PROVISIONS
Section 10.01 No Recourse.
It is expressly understood and agreed that the directors, officers and employees and agents of the Authority are acting in a
representative capacity and not for their own benefit and that there shall be no recourse or claim under this Agreement against any such
person in any circumstances. Town further acknowledges that the Authority is not a department, institution or agency of the State of
Connecticut and agrees that it shall have no recourse or claim under this Agreement against the State or any of its officers, employees or
agents in any circumstances.
Section 10.02 Independent Contractor
The Authority shall act as an independent contractor in performing this MOU, maintaining complete control over its employees and
all its sub-contractors. The Authority shall not be construed to be a department, institution, or agency of the Town.
Section 10.03 No Third Party Beneficiaries
This MOU is for the exclusive benefit of the parties hereto and no rights of third party beneficiaries are created hereby. The
Authority shall not be obligated or liable hereunder to any party other than the Town.
Section 10.04 Counterparts
This MOU may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute
one and the same.
IN WITNESS WHEREOF, the Authority and the Town have caused this MOU to be signed by their duly authorized
representatives, as such and not individually.
CAPITAL REGION
DEVELOPMENT AUTHORITY
By:
Michael W. Freimuth Date
Executive Director
TOWN OF EAST HARTFORD
By:
Mayor Marcia A. Leclerc Date
14
The following motion was moved by Andy Bessette, seconded by Evonne Klein and approved.
“The CRDA Board of Directors hereby approves the terms and conditions of the MOU, as presented, and
authorizes the Executive Director to execute such Agreement, subject to necessary approvals and
available funding.”
Adjourned 8:17pm
“The minutes of the October 18, 2018 CRDA Board Meeting were moved by Andy Bessette seconded by
Mayor Leclerc and approved at the December 6, 2018 CRDA Board Meeting with Nick Lundgren
abstaining.”